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“They Weren’t Themselves”: Proving Lack of Capacity in a Lakewood Will Contest

December 17, 2025 Posted In Trust & Will Contests

When you read a loved one’s final will and the words on the page feel like they belong to a stranger, you likely feel suspicious. In Colorado, if the person who made the will (the testator) lacked the required mental ability, or testamentary capacity, at the moment they signed it, the document is not valid.

Specifically, C.R.S. § 15-11-501 requires a person to be of sound mind to create a valid will. While your feeling that “they weren’t themselves” is a starting point, the legal challenge is translating that feeling into concrete proof, which is where a Lakewood will contests attorney can provide critical guidance. Colorado law presumes an adult is competent, and a diagnosis like dementia does not, on its own, automatically cancel a will.

However, an invalid will can be overturned. By gathering the right evidence, you may challenge a document that does not reflect your loved one’s true wishes.

If you believe a family member was confused, impaired, or coerced when they signed their will, please visit our contact us page to discuss the specifics of your situation.

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Key Takeaways for Proving Lack of Capacity

The moment of signing is the only period that matters. A general diagnosis of dementia is not enough; you must present evidence showing the testator was not of sound mind at the specific time they executed the will.
Objective evidence is necessary to win. Your challenge must be built on a foundation of medical records, cognitive test scores, and specific, credible testimony from those who observed the testator’s behavior.
Act quickly to avoid losing your right to challenge the will. Colorado law imposes strict deadlines for contesting a will after it is submitted to the court, and failing to act in time will permanently bar your claim.

Defining Sound Mind Under Colorado Law

Many families assume a diagnosis of Alzheimer’s or another form of dementia automatically means their loved one could not have signed a valid will. The reality is more complicated.

The legal standard for having a sound mind to sign a will, known as testamentary capacity, is actually less strict than the mental fitness required to sign a business contract. A person might have significant memory issues but still be legally capable of executing a will.

To successfully prove a lack of capacity in a Lakewood will contest, you must show that, at the exact time of signing, the testator did not understand one or more of the core elements established in Colorado law, also called the Cunningham Test—issues that often arise from mistakes made in wills.

Generally, the individual must have understood:

The Nature of the Act: They knew they were signing a will that would distribute their property after death.
The Extent of Their Property: They had a general sense of what they owned, such as real estate, bank accounts, and other significant assets.
The Natural Objects of Their Bounty: They knew who their close family members were, like their spouse and children.
The Disposition of the Property: They understood who was getting what under the terms of the will.

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The Lucid Interval Doctrine: Timing is Everything

One of the most common defenses against a claim of incapacity is the lucid interval doctrine.

This legal concept acknowledges that a person with a cognitive illness like dementia might experience brief periods of clarity, which often leads families to ask do I need a will if capacity may fluctuate. If the will was signed during one of these good days, the court may find it valid, even if the person was generally disoriented or confused in the weeks before and after.

The person defending the will—typically the one who benefits from it—will almost certainly argue the signing occurred during such a lucid interval. To overcome this argument, you need evidence that directly speaks to the testator’s mental state at or around the precise time the will was signed.

Evidence That Moves the Needle in Jefferson County Probate Courts

Your personal conviction that the will is wrong is the starting point, but it isn’t proof. To successfully challenge a will in Jefferson County, you need objective, compelling evidence. This evidence typically falls into two main categories.

Medical Evidence

Medical records are the foundation of a capacity challenge. They provide a documented timeline of a person’s cognitive decline.

Cognitive Testing: Scores from standardized tests like the Montreal Cognitive Assessment (MoCA) or the Mini-Mental State Exam (MMSE) administered near the date of the will signing are powerful indicators.
Physician and Nursing Notes: We look for documented instances of disorientation, memory loss, hallucinations, or other symptoms of cognitive impairment in the notes of doctors, nurses, and care facility staff.
Forensic Analysis: Our firm works with forensic psychiatrists who review a complete medical history and provide a professional opinion on the testator’s likely mental state at the exact time the will was executed.

Lay Testimony

Observations from people who interacted with the deceased around the time the will was signed is just as persuasive as medical data. This includes testimony from neighbors, friends, financial advisors, or clergy.

The key is specificity. Vague statements like “she seemed old” are not helpful. Instead, testimony about concrete events—”she got lost driving home from the grocery store,” or “she accused me of stealing her purse, but it was on her lap”—paints a clear picture for the court.

In some cases, the will may be the product of an insane delusion, which boils down to a persistent, false belief that has no basis in reality and is resistant to all evidence. For example, if your mother disinherited you because she falsely believed you were plotting against her, that delusion is grounds for invalidating the will if it materially affected its terms, often prompting the question should I update my will to prevent similar issues.

FAQ: Common Questions About Capacity Challenges

Can I contest the will if it contains a no-contest clause?

Yes. In Colorado, a no-contest clause is unenforceable if you have probable cause to bring the challenge. C.R.S. § 15-11-517 protects your right to have the court investigate a legitimate concern without automatically forfeiting any inheritance you might have otherwise received.

The lawyer who wrote the will says my parent was fine. Does that ruin my case?

Not necessarily. An attorney’s observation is part of the evidence, but attorneys are not medical professionals. If robust medical records and other testimony contradict the lawyer’s brief interaction with the testator, a court may be persuaded that the testator lacked capacity, which can significantly affect administering a will.

What if my parent had a diagnosis of Alzheimer’s but no specific test on the day they signed?

A judge will look at the entire progression of the disease. If medical records and witness testimony show a significant and steady decline before and after the signing date, the court may infer that the testator likely lacked capacity on the day of the signing itself.

My parent didn’t speak English well and signed an English will. Is that lack of capacity?

It may be. If a person does not read or understand the language of the document they are signing, they do not truly understand the nature of the act or the disposition of their property, which are key requirements for testamentary capacity.

Protect Your Loved One’s True Legacy

You do not have to stand by and accept a document that was born from confusion, manipulation, or cognitive decline, and Colorado Estate Matters, Ltd. is here to help protect your loved one’s true intentions.

If you have questions about the validity of a loved one’s will or suspect a lack of capacity, visit our Contact Us page to schedule a consultation with our team.

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“They Weren’t Themselves”: Proving Lack of Capacity in a Lakewood Will Contest

Key Takeaways for Proving Lack of Capacity

Defining Sound Mind Under Colorado Law

The Lucid Interval Doctrine: Timing is Everything

Evidence That Moves the Needle in Jefferson County Probate Courts

Medical Evidence

Lay Testimony

FAQ: Common Questions About Capacity Challenges

Can I contest the will if it contains a no-contest clause?

The lawyer who wrote the will says my parent was fine. Does that ruin my case?

What if my parent had a diagnosis of Alzheimer’s but no specific test on the day they signed?

My parent didn’t speak English well and signed an English will. Is that lack of capacity?

Protect Your Loved One’s True Legacy

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